(영문) 대전지방법원 2019.04.03 2018가단209529

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(영문) 대전지방법원 2019.04.03 2018가단209529

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant entered into a contract with the Plaintiff on December 2, 2017 (hereinafter “instant transfer contract”) under which the Plaintiff would transfer the right of lease of KRW 17 million for the premium to the Plaintiff (hereinafter “instant transfer contract”).

B. Article 4(3) of the Assignment Contract of this case provides that “In the event a new lessee (tentatively named the plaintiff) is unable to commence the business or a serious defect that could not continue the business occurs due to a lessee’s reasons which occurred during the business period of the said lessee (hereinafter referred to as the Defendant), the new lessee may rescind the contract or claim damages against the lessee.”

C. On December 11, 2017, the Plaintiff paid the premium to the Plaintiff, and then discovered water leakages on the floor while performing interior interior interior interior interior interior construction of the instant shopping mall, and suspended the said construction.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 3-1 to 10, the purport of the whole pleadings

2. The plaintiff's assertion

A. The defendant is liable for damages under Article 4 (3) of the transfer contract of this case since water leakage in the commercial building of this case occurs during the defendant's business period.

In addition, since the defendant knew of the water leakage and transferred the right of lease without notifying it, the seller's liability for warranty should be liable for damages.

B. Therefore, as the Plaintiff was unable to conduct business for four months from December 2017 to March 2018, the Defendant is liable to compensate for damages equivalent to KRW 34,747,136 (=average monthly income of KRW 8,686,784 x 4 months).

3. Determination on liability for damages

A. Article 4(3) of the Assignment Contract of this case, which is a contractual liability, where the plaintiff fails to commence the business or the plaintiff is unable to continue the business due to a cause that occurred during the defendant's business period after the conclusion of this contract, the plaintiff cancels the contract, or the defendant is the defendant.

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